1. Introduction

    1. This Privacy Policy explains Bonyeza’s policy with respect to information including personally identifiable data (“Personal Data”) and other information that is collected by us when you access and/or use our Service.

    1. By using or interacting with the Service, you are entering into a binding contract with us and consenting to the use of your information as explained in this Privacy Policy. By voluntarily providing us with your Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you do not agree with these terms DO NOT register for or use the website, the Apps, or any other Bonyeza services.

    1. If you provide Personal Data, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Bonyeza.

    1. All words and phrases used in this Privacy Policy shall have the same meaning given to them in our Terms of Use. Specifically, the word “Authorized Third Party” shall mean contractors, service providers, agents and/or third party supplier engaged by us from time to time for the purposes of providing certain services for Bonyeza.

    1. Please note that this Privacy Policy only applies to the website, the Apps and the services (“the Service”). When using the Service, you may find links to other websites, apps and services, or tools that enable you to share information with other websites, apps and services. Bonyeza is not responsible for the privacy practices of these other websites, apps and services and we recommend that you review the privacy policies of each of these websites, apps or services before connecting your Bonyeza account or sharing any personal data.

    1. The Service gives you control over the information you share using Bonyeza and the services you connect your Bonyeza account to. It is upon you to make sure that you share and/or give only the information that you want to share and/or give.

  1. Privacy Policy Amendment

We may amend this Privacy Policy at our sole discretion from time to time. We reserve the right to update, amend, revise or modify this Privacy Policy without prior notice to users. Please review this policy before you provide us any of your Personal Data and periodically after registering to use the Service. Your continued use of the Service after any changes, revisions or modifications to this Privacy Policy shall indicate your agreement with the terms of such revised and/or amended Privacy Policy.

  1. Children

    1. Bonyeza is not intended for use by children. Anyone under the age of 13 is not permitted to use the Service and must not attempt to register an account or submit any personal information to us. We do not knowingly collect any personal information from any person who is under the age of 13 or allow them to register an account. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information. If you have reason to believe that we may have collected any such personal data, please notify us immediately. Otherwise all personal data provided by a user shall be deemed to have been submitted by a user above 18 or a user who has obtained the relevant permission from their parent/guardian or is of legal age in accordance with the laws of the jurisdiction they are in.

    1. If you are under 18 years of age and are 13 years of age or more please do not provide us with your personal data unless you have obtained permission from your parent/guardian. Parental discretion is advised for all users below 18. We encourage parents/guardians to monitor their children’s internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal data through the service without the parents/guardians permission.

    1. The Service may provide access to music or other content and information that contains explicit content including use of profane and/or violent language and/or sexual references. If you are under 18 years of age and you are 13 years of age or more, please obtain your parent/guardian’s permission before using and/or accessing our services.

  1. Information we collect

    1. Personal data from you:

  1. When you register a Bonyeza account, you will provide your name, email address, date of birth, telephone number, email address, postal address, gender, and a password. If you purchase a Subscription, you will provide your name, billing address and payment verification information.

  2. You may choose, at your discretion, to provide additional information for your public profile. This information may include your real name; a user name (which may be your real name or a pseudonym); the city and country in which you live; a profile picture, profile header image or avatar; information about how you categorize yourself with respect to music preferences; and details of your other websites and social media profiles, including links to those websites and profiles. It is not mandatory to provide this profile information and it may be deleted, edited, changed or amended by you at any time. For more information, see the Choice and Control clause below.

  3. You will provide certain personal data if you contact us by email, use any of the webforms on the website, or contact us by telephone, mail, fax or other offline means.

  4. If you participate in any survey, you will provide certain personal data as part of your response, unless you respond anonymously.

  5. You may provide personal data when you stream or download music from the Service, or when you post comments, or contribute to community discussions.

  1. Information we collect automatically:

    1. Due to your use of the Service, we automatically collect or receive and store certain personally non-identifiable information. Such information is collected passively using various technologies and web analytics and cannot presently be used to specifically identify you. This information includes:

      1. Device-specific information such as hardware model, operating system version, unique device identifiers, mobile network information, memory, sound card data, IP address (this can sometimes be used to derive the country or city from which you are accessing the Service).

      2. Cookies that may uniquely identify your browser. This is described in detailed below.

      3. Total number of users/visitors using our Service, the number of users/visitors to each page of our Service.

      4. How our users use and interact with our Service.

      5. The specific actions that you take on the Service, including the pages that you visit, streaming, offline listening or downloading music, connecting your social media accounts, sharing music with other users, following or unfollowing users, joining or leaving a group, posting a comment, or performing a search.

      6. Any search terms that you may enter on the Service.

      7. The time, frequency and duration of your visits to the Service.

      8. Your browser type and operating system

      9. your location data (e.g. GPS) when using Bonyeza Apps.

      10. Information collected through cookies and similar technology.

      11. Information regarding your interaction with email messages, for example, whether you opened, clicked on, or forwarded the email message

    2. In order to serve you better, we conduct research from time to time on the Service’s customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analysed on an aggregate basis. We may share this non-identifiable and aggregate data with our affiliates, agents and business partners but this type of non-identifiable and aggregate does not identify you personally. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners and to other Authorized Third Parties for other lawful purposes.

  1. How we use your personal data and information

    1. We use the Personal Data and information you provide in a manner that is consistent with this Privacy Policy. Your Personal Data and Information may be used by us, our affiliates or Authorized Third Parties for the following purposes:

  1. Technical administration of the Service.

  2. To operate and maintain your Bonyeza account, and to provide you with access to the website and use of the Apps and any services that you may request from time to time. Your email address and password are used to identify you when you sign into the Service. Your device-IDs are used to ensure that you are in control of the devices that have access to your Subscription.

  3. To identify you as the owner and/or creator of the user photos, information and the comments that you post and/or the other contributions that you make to the Service and community discussions.

  4. To seek your participation in surveys, and to conduct and analyze the results of those surveys if you choose to participate.

  5. To respond to you about any comment or enquiry you have submitted.

  6. To prevent or take action against activities that are, or may be, in breach of our Terms of Use or applicable law.

  7. We use your month and year of birth to enable age restriction.

  8. Any additional information that you provide as part of your public profile, such as your real name, and links to your website and other social media profiles (but not your email address), will be published on your profile page. This information will be publicly accessible and may be viewed by anyone accessing the Service. Please have this in mind when considering whether to provide any additional information about yourself.

  9. If you purchase a Subscription; your name, address and payment verification information will be used to process your account subscription and renewals and to collect your payment.

  10. Your email address will be used to send you service updates and notifications regarding your account, and (if you have elected to receive them using your account preferences) newsletters, marketing messages and certain email notifications. For information about how to change your preferences, and to unsubscribe from newsletters, marketing messages and email notifications, please see the Choice and Control section, below.

  11. If you have social media accounts and your friends or followers register a Bonyeza account, we may let your friends who already are on Bonyeza know that you registered or will suggest to your friends or followers that they may follow you on Bonyeza. We may also use the information we receive about you from social media to suggest or connect you to users that you may wish to follow on Bonyeza.

  12. Some of your information is and may be publicly available to others by default e.g name and/or username, profile picture, type of subscription, and your activity, including the music you add or favorite, Third Party Applications you add or use and user content you post, upload and/or contribute to the Service. Your activity on the Service will automatically appear in the activity feed of friends and users who follow you or your profile content.

  13. Research and development.

  14. Statistical analysis.

  15. Customer administration.

  16. Profiling services preferences.

  17. Finance and marketing operations and activities and/or as required in the provision of our services including but not limited to credit control services.

  18. In compliance with any regulatory, statutory or legal obligation imposed on us by any relevant authority.

  19. To operate and provide the Service to you.

  20. To support your questions about the use of the Service.

  21. To detect and prevent fraudulent activity.

  22. To verify and process payment when you use the Service.

  23. To verify and record your personal particulars including comparing it with information from other sources and using the information to communicate with you.

  24. To conduct market research of the users of the Service including the number of users, the frequency of use, profile of users and using such analysis for our business plans, the enhancement of our products and services, targeted advertisements and conveying such information in broad aggregate terms to third parties who have or propose to have business dealings with us.

  25. To send you information, promotions and updates including marketing and advertising materials in relation to our goods and services and those of third party organizations selected by us.

    1. Your Personal Data and Information may also be used by us, our affiliates or Authorized Third Parties for improving and customizing the Service and advertising in the following ways:

  1. To analyze the use of the Service, and the people visiting the website and using the Apps and services, in order to improve Bonyeza and customize it to your needs and interests.

  2. To show you interesting Bonyeza ads, when you visit third party websites. When you see our ads on a third party website or apps, we or third party services we engage for this purpose, may collect information your browser or mobile app makes available when seeing the ad (e.g. IP-addresses, referral URL, browser details, timestamp of request). Third party websites or apps may also allow us to measure the success of our ads on their websites. This may include e.g. whether a click converted to an actual purchase of a Subscription. Please see the privacy policy of such third party websites to understand what data may be collected and how to opt-out.

  3. To show you ads on behalf of advertisers, we use information that you make available to us when you interact with the Service, including location data, together with information you provide to us through the Service, e.g. demographic information, you choose to make available to us directly or through third party services as well as information your browser sends us when using the Service. This allows us to show you ads that you may be interested in. We do not share personal data with advertisers. Instead, advertisers pre-define a specific audience by certain generic criteria (e.g. the city of residence, the age range, or the number of followers of an unidentified user) for a specific ad campaign. If your profile matches these generic criteria, we may choose to display a suitable ad to you. We may also display ads based on the content that you have recently viewed or searched. Before we may use location data from the app for the first time, your mobile device will generally ask you for permission first. In case you gave permission to do so, location based services in your device will collect location data. These will then be shared with us or a respective service provider. When we engage third party services such as ad-networks that enable us showing you interest based ads, we may also allow them to collect certain information such as cookie data from you. This information would allow these third-parties to deliver targeted advertisements that they believe will be of most interest to you. If you allow third party websites to collect and share data when you interact with their platform, ad-networks may use that information together with the information we allow them to collect on the Service. Please see the privacy policy of such third party websites to understand what data may be collected and how to opt-out.

  4. To customize your use of the Platform and/or the content of any email newsletter or other material that we may send to you from time to time.

    1. If we intend on using any Personal Data in any manner that is not consistent with this Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

  1. Disclosure of your personal information

We will not share your information with any third party except as provided in this Privacy Policy. There are, however, certain circumstances in which we may share your Personal Data without further notice to you, as set forth below.

  1. Business Transfer.

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

  1. Legal Requirements.

To comply with any order of court or directive from authorities investigating any alleged offence, misdeed and/or abuse or to enforce any of the terms in the Terms of Use, or, where such action is necessary to protect and defend our rights and/or property and the rights of other users, our employees, directors and shareholders and/or to ensure the safety and security of the Service and the Bonyeza community.

    1. Authorised Third Party.

Where services from such Authorised Third Party is required, we will share your Personal Data on a strictly confidential basis. Authorised Third Party will not be allowed to use your personal information disclosed to them except for the limited purpose of providing the particular service.

    1. With your consent.

We will disclose your information if you have explicitly and expressly agreed that we may do so. We will make this clear to you at the point at which we collect your information.

    1. Your preferences

Through your settings, you can choose which communications you receive from us, manage your public information, and set your sharing preferences. However, please note that it may not be possible to make certain information private on the Service, including your name and/or username, profile picture, and other basic information. Such information and other information which are set to “public” in your settings, such as playlists, may be used, re-shared or linked to by others on the Service or others across the web, so please use the Service carefully and manage your account settings regularly. Remember that if you make profile content private, others who already subscribe to or otherwise have the details of such content may still have access to it. Also keep in mind that playlists and other content added to your profile may include personal information, such as username, which could enable other persons to find you in the Service or other services.

To change, customize, or limit access to or sharing of information collected from social media sites/services or Other Integrated Service, please visit your account settings on that service.

    1. Cookies

      1. A cookie is a small text file that is placed on your computer, mobile phone, or other device when you visit a website. The cookie will help website providers to recognize your device the next time you visit their website. There are other similar technologies such as pixel tags, web bugs, web storage and other similar files and technologies that can also do the same thing as cookies.

      2. Bonyeza uses the term cookies in this policy to refer to cookies and all such similar technologies that collect information in this way.

      3. Bonyeza uses cookies to store and track information about you and your use of the Service. The information is used in line with the uses set out in in this Privacy Policy and more specifically:

  1. To help save and retrieve passwords used on our Service. Meaning you will not have to re-enter information upon every new visit to our Services.

  2. To track information such as the frequency and duration of your use of the Service, your click-stream as you go through our Service, your preferred content, and help us determine whether you came to our Service from a particular Internet link or banner advertisement.

  3. To analyse the profile of visitors and users to helps us in providing you with better services and to enhance our Service.

  4. To personalize the content, banners and promotions that you will see on our Service.

    1. Third Party Cookies

We may use other third-party advertising companies to serve ads when you access and/or use of the Service. In the course of serving advertisements, our third-party advertisers may place or recognize a unique cookie in your device. These companies may use information retrieved from their cookies to provide advertisements on our Service and other services about goods and services that may be of interest to you.

We have no access to or control over third-party cookies and they are not subject to our policy. Please review the privacy policy of these third-party websites. If you want to prevent one of these third-party companies from sending and reading cookies on your device, please visit each of their websites individually to request that you be removed from that system.

    1. Choice and Control

  1. We do our best to give you as much choice as possible regarding the amount of information you provide to us, and the control you have over that information.

  2. It is not necessary for you to provide us with any personal data in order to use the Service, although certain information will be collected automatically by virtue of your visit (as described above).

  3. You may access and/or use Bonyeza without providing us any Personal Data. If you choose not to provide any Personal Data, you may not be able to access and/or use certain services.

  4. However, when you choose to provide us with such Personal Data, we may also use your Personal Data and Information to contact you in the future to tell you about our services we believe will be of interest to you. If we do so, each communication we sent you will contain instructions permitting you to “opt-out” of receiving future marketing communications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us.

  5. We reserve the right to refuse to provide users with a copy of their Personal Data, but will give reasons for our refusal.

    1. Security

      1. Bonyeza and its affiliates will not accept responsibility for any unauthorized access or loss of personal information.

      2. We have implemented security policies, rules and technical measures to protect your Personal Data from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss. All our employees and data processors, who have access to and are associated with the processing of Personal Data, are obliged to respect the confidentiality of your information.

      3. While we cannot guarantee the security of user information and we cannot guarantee that loss, misuse or alteration of data will not occur; we make reasonable efforts to prevent such unfortunate occurrences.

      4. Personal Data that we collect from you will be stored in an environmentally-controlled location. Only authorized people with user ID and password from Bonyeza have access to the information.

      5. You must remember to log off after accessing and/or using our Service and/or close the browser window after use so that no unauthorized party can have access. You must not, at any time, divulge your Personal Data to any third party.

    1. Transfer of your information outside Kenya

      1. Your Personal Data and information may be subject to third-party interception. Bonyeza will not accept responsibility for any unauthorized access or loss of personal information.

      2. Bonyeza may share your Personal Data and information with affiliates in order to carry out the provisions of this Privacy Policy.

      3. Bonyeza may transfer your personal information to affiliates or services providers located in countries outside Kenya. This may happen where the Authorized Third Parties are based in countries outside Kenya or where you use our Service and/or Services from countries outside Kenya. Note that you may have fewer legal rights in relation to your information in these other countries however Bonyeza will only process your information as described in this Privacy Policy in every country. By continuing usage of our Service and access to our services, you hereby consented to such transfer.